Section 504

What is Section 504?

Section 504 of the Americans with Disabilities Act is an anti-discrimination, equal opportunity law that provides accommodations for individuals with physical and/or mental impairments to ensure access in public settings. The goal of the law is to prevent discrimination from programs that receive federal funding on basis of ability. For example, the Section 504 law is responsible for braille on signs, automatic doors, ramps, and elevators in public buildings (schools, government offices, etc.).

How is Section 504 implemented in schools?

At school, Section 504 service plans are designed to provide access to instruction and ensure that students with physical or mental impairments are not being discriminated against due to a disability. For example, Section 504 allows a student with a visual impairment to request larger font to read classroom texts. This way, the student has the opportunity to access the same information as his or her peers.

What is the difference between a 504 plan and an Individualized Education Plan (IEP)? Section 504 plans provide accommodations that allow students with disabilities to access instruction in the general education setting. Students who are eligible for Section 504 do not need or receive specially designed instruction.

Students who are determined eligible under Special Education Law, IDEA, require specially designed instruction and/or direct services in addition to accommodations to access instruction. The specially designed instruction and accommodations are outlined in a student’s Individualized Education Plan (IEP).

A student cannot have both a 504 and IEP at the same time.

Does my student need a 504 plan to get support at school?

The following supports are best practice and are available to all students, and so are not included in 504 plans

§  Teacher communication (verbal, written, electronic)

§  Teacher office hours or after school tutoring

§  Use of an agenda

§  Re-testing/re-teaching for any failed formal assessment

If your student requires supports beyond what is available to all students in order to access instruction, he or she may be eligible for Section 504.

Section 504 plans provide access to instruction and are not intended to:

§  Enhance educational experience

§  Maximize academic performance

§  Guarantee a passing grade

§  Modify instruction, teaching methods, or course requirements

§  Provide remediation or tutoring

§  Waive attendance requirements

§  Increase communication or grade monitoring

§  Ensure staff compliance with requests

How do I know if my student is eligible for Section 504?

Individual student eligibility is determined by the Section 504 team. The team typically includes: a parent, the student, a current teacher/counselor, an administrator, and a 504 coordinator. Other individuals may be invited to the meeting as needed (ex. School Nurse). Once a student is determined eligible, the need for an accommodation plan will be determined by the team.

If your student has a physical/mental impairment that requires additional support, please contact your students' assigned school counselor or submit the referral form linked on bottom of this page and attach any documentation.

What information does the 504 team consider to determine eligibility?

The 504 team considers data gathered from a variety of sources including, but not limited to: parent input, student work samples, teacher/administrator input and recommendations, Special Education records, aptitude & achievement tests, disciplinary records, early intervention data, mitigating measures, grade reports, adaptive behavior, school health information, medical evaluations/diagnoses/physical conditions, state test information, attendance, etc.

My student has medical documentation of a disability or diagnosis. Do they automatically qualify for Section 504 accommodations?

No, individual student eligibility is determined by the Section 504 team. The team considers data gathered from a variety of sources to make an eligibility determination. A medical diagnosis alone does not automatically qualify a student for Section 504 services. In addition, students can be eligible for Section 504 and not require accommodations due to mitigating measures or a diagnosis that is in remission. For example, a student with a hearing impairment, who wears a hearing aid, may not need further accommodations to access instruction.

My student completed a full psychological evaluation and the clinician recommended a Section 504 plan, what do I do?

Contact your students' assigned school counselor or submit the referral form liked at the bottom of this page and attach the document.

Per CMS policy, all full psychological evaluations must first be reviewed by the school’s Exceptional Children’s (EC) department to ensure the appropriate level of service is provided based on the assessment results. The 504 counselor will provide the evaluation to the school’s EC department. When the EC review process is completed, Section 504 eligibility can then be determined by the 504 team. Once a student is determined eligible, the need for an accommodation plan will be determined by the team.

My student is transferring from a school outside of CMS and has a 504 services plan from their previous school. Does the plan transfer with them?

Yes, please be sure to indicate your student received a 504 services plan on the enrollment paperwork, as well as, notify the registrar upon enrollment. The plan provided by the previous school will be distributed to your student’s teachers and followed as written to the extent possible. The 504 counselor will reach out to schedule an initial 504 evaluation for your student to review their eligibility and make sure their accommodations are updated to comply with local and state requirements. Documentation of your student’s disability may be requested.

My student sustained a concussion, broken bone, or other temporary impairment. Do they need a 504 plan?

Any injury or impairment that is expected to heal in six months or less is considered transient and does not require a 504 services plan. Please provide any medical documentation/recommendations to your student’s counselor or teachers. If the impairment lasts longer than six months or develops into a permanent condition, 504 eligibility can be considered.

My student is physically unable to attend school due to a diagnosis or treatment. How can they access instruction?

Contact your student’s school counselor for more information.

The following supports are educational best practice and are available to all students and so are not included in 504 service plans:

§     Teacher communication (verbal, written, electronic)

§     Teacher office hours or after school tutoring

§     Use of an agenda

§     Re-testing/re-teaching for any failed formal assessment

What accommodations are available to my student?

Once the team determines a student is eligible for Section 504 and accommodations are needed, the team will work together to create accommodations that ensure the student has access to instruction at the same level as his or her non-disabled peers. Because these plans are specific to each student, there is no list of available accommodations.

The team will consider several factors to create accommodations, including: evidence of need, best practice, physician/clinician recommendations, developmental appropriateness, school wide norms/rules, feasibility, the student’s ability to self-advocate, etc.

Section 504 accommodations provide access to instruction and are not intended to:

§     Enhance educational experience

§     Maximize academic performance

§     Guarantee a passing grade

§     Modify instruction, teaching methods, or course requirements

§     Provide remediation or tutoring

§     Waive attendance requirements

§     Increase communication or grade monitoring

§     Ensure staff compliance with requests

Will my student have accommodations on Advanced Placement (AP) Exams, the SAT and ACT?

Having a Section 504 plan does not automatically qualify a student for accommodations on these tests. Applications for testing accommodations must be submitted directly to the College Board and ACT testing companies for consideration. For more information please visit: https://sites.google.com/cms.k12.nc.us/hough-testing-website/accommodation-requests

My student has had a 504 services plan since elementary or middle school. Will the accommodations change when they get to high school?

Possibly. When a student transitions to high school, the learning process shifts from being teacher driven to becoming more student driven. We encourage students to begin advocating for themselves and accept the role they play in their own education. In high school, students attend 504 meetings and have a voice in the 504 services plan that is being created for them. This way students can begin practicing the self-advocacy skills they will need to be successful in high school and beyond. Some accommodations offered in middle school are not appropriate in high school.

How do I change my student's accommodations?

In order to make any changes to student accommodations, the 504 team must hold a meeting and review updated information supporting the addition or removal of accommodations. To schedule a review meeting, contact your student's assigned school counselor. Review meetings are scheduled annually.

I don't think my student's accommodations are being implemented. Who should I contact?

Contact the teacher of concern or the assigned school counselor of your student.

Does a 504 accommodation plan excuse student attendance?

No, Section 504 plans are created to help students with disabilities access instruction during the school day. The North Carolina Department of Public Instruction and CMS require schools to maintain attendance records for every school day. Your student’s attendance will always be recorded and coded appropriately (excused/unexcused) based on the documentation provided to the school.

Can a 504 plan reduce the amount of assignments used to assess student mastery of content?

No, Section 504 plans provide accommodations for students with disabilities to access instruction as their non-disabled peers. 504 accommodations provide access to the general education setting without specially designed instruction. To require the modification of assignments in amount, expectation, or content creates specially designed instruction for the student.

Specially designed instruction can only be provided to students who are eligible for Exceptional Children’s services through an Individualized Education Plan (IEP).

Are there any accommodations that address or increase student motivation?

No, lack of motivation may be a symptom of a diagnosis or disability, but there is no accommodation that increases student motivation. 504 accommodations provide the opportunity for access, and, ultimately, it is up to the student to participate in their education. While there are no 504 accommodations for motivation, there are interventions outside of Section 504 that may encourage your student. Contact your student’s school counselor to discuss strategies and resources for increasing student motivation. 

How often does the 504 team meet?

Once a student is determined eligible, the team will meet annually to review their eligibility and accommodation plan. Every three years, the team will conduct a re-evaluation and request updated documentation (medical, therapeutic, etc.). This process will continue until a student exits Section 504 or graduates.

Can my student come to the meeting?

Absolutely! Students are a part of the 504 team, especially in high school. They are expected to attend and provide input at meetings.

I want to make changes to my student's accommodations. Do we have to have a meeting?

Yes, in order to make any changes to student accommodations, the 504 team must hold a meeting and review updated information supporting the addition or removal of accommodations. To schedule a review meeting, contact your student's assigned school counselor.

Do I have to wait until the annual review meeting to discuss 504 specific concerns?

Parents may request a 504 review meeting at any time to discuss 504 specific concerns. To schedule a review meeting, contact your student's assigned school counselor.

If your concerns are related to your student’s experience in a specific course (grading, missing assignments, attendance, etc.), please contact your student’s teacher directly. A 504 review meeting is not required to address course concerns unless there is an accessibility issue. Teachers are able to offer specific information about their assignments and grading policies. Teacher contact information is available on the Hough website.

Does 504 eligibility effect college admission?

No, when students complete their college applications they are not asked to disclose any disabilities or diagnoses. It is up to the individual student if he or she chooses to self-disclose any diagnoses and 504 eligibility to their prospective schools.

Will my student's accommodations continue in college?

Public colleges and universities have their own procedures for identifying and accommodating students with disabilities. They are not required to accommodate students to the level of a public high school. The best way to find out what potential accommodations your student may be eligible to receive is to contact the prospective school or visit their website. Schools usually have a designated office for students with disabilities.

Colleges or universities that do not receive federal funding (private) are not required to provide accommodations to students. The decision to accommodate individuals with disabilities is left up to the individual school. It is important to consider what accommodations, if any, will be provided when reviewing prospective private institutions.

If your student has a physical/mental impairment or has a unique need that requires additional support, please contact your student's assigned school counselor and submit the referral form below